`[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Senate]
[Pages S5383-S5385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WHITEHOUSE (for himself and Mr. Hatch):
  S. 3431. A bill to amend the Controlled Substances Act to more 
effectively regulate anabolic steroids; to the Committee on the 
Judiciary.
  Mr. WHITEHOUSE. Mr. President, today I am pleased to join Senator 
Hatch in introducing the bipartisan Designer Anabolic Steroid Control 
Act of 2012. This measure will help keep American children and families 
safe from dangerous designer drugs that masquerade as healthy dietary 
supplements. This legislation is based on Senator Specter's work in the 
previous Congress, and I thank him for his leadership on this issue.
  Doctors and scientists have long recognized the health hazards of 
non-medical use of anabolic steroids. For that reason, Congress has 
previously acted to ensure that these drugs are listed as controlled 
substances. Nonetheless, according to investigative reporting and 
Congressional testimony, a loophole in current law allows for designer 
anabolic steroids to easily be found on the Internet, in gyms, and even 
in retail stores.
  Designer steroids are produced by reverse engineering existing 
illegal steroids and then slightly modifying the chemical composition, 
so that the resulting product is not on the Drug Enforcement 
Administration's, DEA, list of controlled substances. When taken by 
consumers, designer steroids can cause serious medical consequences, 
including liver injury and increased risk of heart attack and stroke. 
They may also lead to psychological effects such as aggression, 
hostility, and addiction.
  These designer products can be even more dangerous than traditional 
steroids because they are often untested, produced from overseas raw 
materials, and manufactured without quality controls. As one witness 
testified at a Crime Subcommittee hearing in the last Congress, ``all 
it takes to cash in on the storefront steroid craze is a credit card to 
import raw products from China or India where most of the raw 
ingredients come from, the ability to pour powders into a bottle or 
pill and a printer to create shiny, glossy labels.''
  The unscrupulous actors responsible for manufacturing and selling 
these products often market them with misleading and inaccurate labels. 
That can cause consumers who are looking for a healthy supplement--not 
just elite athletes, but also high school students, law enforcement 
personnel, and mainstream Americans--to be deceived into taking these 
dangerous products.
  Loopholes in existing law allow these dangerous designer steroids to 
evade regulation. Under current law, in order to classify new 
substances as steroids, the DEA must complete a burdensome and time-
consuming series of chemical and pharmacological testing. As a DEA 
official testified before Congress: ``in the time that it takes DEA to 
administratively schedule an anabolic steroid used in a dietary 
supplement product, several new products can enter the market to take 
the place of those products.''
  The Designer Anabolic Steroid Control Act of 2012 would quickly 
protect consumers from these dangerous products. First, it would 
immediately place 27 known designer anabolic steroids on the list of 
controlled substances. Second, it would grant the DEA authority to 
temporarily schedule new designer steroids on the controlled substances 
list, so that if bad actors develop new variations, these products can 
be removed from the market. Third, it would create new penalties for 
importing, manufacturing, or distributing anabolic steroid's under 
false labels.
  Senator Hatch and I have worked closely with a range of consumer and 
industry organizations to ensure that this legislation would not 
interfere with consumers' access to legitimate dietary supplements. I 
am pleased that the measure has been endorsed by the United States 
Anti-Doping Agency, the Alliance for Natural Health, the Council for 
Responsible Nutrition, the American Herbal Products Association, the 
Natural Products Association, the Consumer Health Products Association, 
and the United Natural Products Alliance.
  I thank these organizations for their support, and look forward to 
working with them, with Senator Hatch, and with colleagues from both 
sides of the aisle to enact this common sense measure into law.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record as follows:

                                          American Herbal Products


                                                  Association,

                                 Silver Spring, MD, July 23, 2012.
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
     Hon. Sheldon Whitehouse,
     U.S. Senate,
     Washington, DC.
       Dear Senators Hatch and Whitehouse, This letter is to 
     communicate to you the support of the American Herbal 
     Products Association (AHPA) for your pending legislation, the 
     Designer Anabolic Steroid Control Act of 2012. AHPA 
     recognizes the need to more effectively regulate anabolic 
     steroids, as this bill's amendment of the Controlled 
     Substances Act would do. The expanded controls on these 
     substances that would be implemented by your legislation 
     would protect consumers by better ensuring that these are not 
     misrepresented as legitimate dietary supplements, when 
     clearly they are not.
       Please do not hesitate to contact me if there is anything 
     that AHPA and its members can do to assist in the passage of 
     this important legislation.
           Sincerely,
                                                 Michael McGuffin,
     President.
                                  ____



                                 Natural Products Association,

                                    Washington, DC, July 23, 2012.
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
       Senator Hatch, I write today on behalf of the Natural 
     Products Association (NPA) to thank you for introducing the 
     Designer Anabolic Steroid Control Act of 2012 (DASCA). As the 
     leading representative of the dietary supplement industry 
     with over 1,900 members, including suppliers and retailers of 
     vitamins and other dietary supplements, NPA works to ensure 
     that consumers have access to safe dietary supplements. We 
     believe that this bill will make the marketplace safer.
       Our support for this legislation demonstrates NPA's 
     commitment to removing anabolic steroids, which are not 
     dietary ingredients, from the market. NPA has worked in 
     conjunction with the FDA to bring attention to spiked 
     products masquerading as dietary supplements. This bill helps 
     protect consumers who believe they are purchasing ``legal'' 
     supplements but may suffer health effects from steroid use.
       Even with the passage of the Anabolic Steroid Control Act 
     of 2004, the Drug Enforcement Administration (DEA) has 
     removed very few substances. The DEA has to follow a strict 
     set of testing standards to schedule a substance and remove 
     it from the market. This process can take up to three years 
     to complete; but while this process is taking place, the 
     products remain on the market. This bill gives the DEA the 
     power to temporarily remove products from the market while 
     testing is completed, giving them the ability to stay ahead 
     of the individuals who are creating these designer drugs.
       Thank you for introducing this important legislation and 
     your tireless work on behalf of the dietary supplement 
     industry.
           Regards,
                                                        John Shaw,
                                   NPA Executive Director and CEO.

[[Page S5384]]

     
                                  ____
                            Council for Responsible Nutrition,

                                                    July 20, 2012.
     Re Designer Anabolic Steroid Control Act (DASCA).
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
     Hon. Sheldon Whitehouse,
     U.S. Senate,
     Washington, DC.
       Dear Senators Hatch and Whitehouse: On behalf of the 
     Council for Responsible Nutrition (CRN) \1\ and its members, 
     I am writing to express our support for the Designer Anabolic 
     Steroid Control Act (DASCA). We want to thank you both for 
     your commitment to providing the Drug Enforcement 
     Administration (DEA) with new authority to place designer 
     anabolic steroids on the Controlled Substance Schedules more 
     expeditiously and providing that agency with new tools to 
     quickly respond when new anabolic substances are introduced. 
     This legislation will provide DEA with new enforcement tools 
     to prosecute irresponsible and disreputable companies that 
     develop and market anabolic steroids as products labeled as 
     dietary supplements. Your efforts in this regard are 
     laudable, and CRN stands in support of your legislation.
       Misbranded products that contain designer anabolic steroids 
     present serious health risks to consumers, particularly young 
     men who are unaware of the dangers of anabolic steroid use. 
     Maintaining the trust of consumers in the safety and benefit 
     of dietary supplements is essential to preserving a vibrant 
     market for legitimate dietary supplements. Currently, 
     unscrupulous companies can design these illicit substances 
     and illegally introduce them into the dietary supplement 
     marketplace before DEA can demonstrate their anabolic effects 
     and declare them controlled substances under the present law. 
     We believe DASCA's provisions will go a long way to help DEA 
     more quickly identify and restrict new designer anabolic 
     steroids by declaring them to be ``controlled substances.'' 
     It will allow DEA to target substances whose chemical 
     structures mimic other anabolic steroids and whose 
     manufacturers and marketers promote their anabolic or muscle-
     building effects. This legislation will assuage concerns of 
     Americans who use sports supplements, and foster an even 
     greater working relationship between FDA, DEA and 
     responsible, mainstream industry. DASCA is strong step 
     forward, adding teeth to prevention and enforcement efforts 
     in the battle against steroid abuse.
       CRN understands that you intend to request this legislation 
     be referred to the Senate Judiciary Committee, whose 
     jurisdiction traditionally handles DEA and controlled 
     substance issues. We hope the committee will give the 
     legislation expedient and thoughtful consideration on its way 
     to passage by the full Senate, and are eager to work with 
     your office to ensure that the Judiciary Committee 
     understands the concerns of industry and consumers that have 
     led to this bill. CRN stands ready to work with you and all 
     of Congress to deliver a strong bill to the President.
       Please don't hesitate to contact me or Mike Greene on my 
     staff at 202-204-7690 or mgreene@crnusa.org if CRN may be of 
     any assistance in your endeavors.
           Best regards,
                                                     Steve Mister,
     President and CEO.
                                  ____



                             United Natural Products Alliance,

                                Salt Lake city, UT, July 23, 2012.
     Hon. Sheldon Whitehouse,
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
       Dear Senators Whitehouse and Hatch: Thank you for your 
     considerable efforts to draft the ``Designer Anabolic Steroid 
     Control Act of 2012'' and to close loopholes that might allow 
     continued sale of anabolic steroids, steroid lookalikes or 
     steroid precursors--all of which are a significant threat to 
     public health. We greatly commend your work.
       The United Natural Products Alliance has appreciated the 
     opportunity to work with you in developing this bill. As you 
     know, sale of the products it would address are a significant 
     concern to our members who believe, quite simply, these 
     products should be outlawed.
       We have reviewed your most recent legislation and wanted to 
     advise you we are completely in support of the goals of this 
     legislation. We do have minor drafting concerns, which have 
     been shared with your staff, and we appreciate their 
     commitment to address these issues as the legislation moves 
     forward.
       Thank you again for your work on this important issue.
           Kind regards,
                                                  Loren Israelsen,
     Executive Director.
                                  ____

                                              Consumers Healthcare


                                         Products Association,

                                    Washington, DC, July 23, 2012.
     Hon. Sheldon Whitehouse,
     Senate Committee on the Judiciary,
     Washington, DC.
     Hon. Orrin Hatch,
     Senate Committee on the Judiciary,
     Washington, DC.
       Dear Senators Whitehouse and Hatch: On behalf of the more 
     than 200 members of the Consumer Healthcare Products 
     Association, the 131-year-old trade association representing 
     the leading U.S. manufacturers and distributors of over-the-
     counter (OTC) medicines and dietary supplements, thank you 
     for sponsoring the Designer Anabolic Steroid Control Act 
     (DASCA).
       This important legislation would designate additional 
     chemicals as anabolic steroids, and increase the penalties 
     for violators of anabolic steroid labeling laws, specifically 
     those rogue supplement manufacturers that ``spike'' their 
     products with anabolic steroids and attempt to pass them off 
     as dietary supplements. We applaud introduction of this 
     legislation to further protect the public health of our 
     citizens, and pledge to work closely with you and your staff 
     to advance this bill.
       Please do not hesitate to call on us if you need any 
     assistance, and thank you, again, for your leadership on this 
     important issue.
       Sincerely,
                                                Scott M. Melville,
     President and CEO.
                                  ____



                              Alliance for Natural Health USA,

                                    Washington, DC, July 23, 2012.
     Hon. Orrin Hatch,
     United States Senate,
     Washington, DC.
       Dear Senator Hatch: The Alliance for Natural Health USA 
     strongly supports the Designer Anabolic Steroid Control Act 
     (DASCA) of 2012. Not only are anabolic steroids masquerading 
     as nutritional supplements illegal, they also risk the health 
     of those who use them, and tarnish the reputation of the 
     dietary supplement industry. The harm from these steroid-
     tainted supplements is real. Health risks include serious 
     liver injury, stroke, kidney failure, and pulmonary embolism.
       It is clear that the complex and cumbersome regulatory 
     system has failed to stop designer anabolic steroids. We 
     understand that your bill closes the loopholes in laws that 
     currently allow the creation and easy distribution of 
     anabolic steroids masquerading as dietary supplements.
       We are thankful for the opportunity to discuss the bill 
     with your staff, and support its passage.
           Sincerely,
                                                  Gretchen DuBeau,
     Executive and Legal Director.
                                  ____



                             United States Anti-Doping Agency,

                              Colorado Springs, CO, July 23, 2012.
     Senator Orrin G. Hatch,
     Hart Senate Office Building,
     Washington, DC.
     Senator Sheldon Whitehouse,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Hatch and Senator Whitehouse: On behalf of the 
     United States Anti-Doping Agency (``USADA''), I am writing to 
     express our full support for the Designer Anabolic Control 
     Steroid Act of 2012. As the Congressionally recognized 
     independent anti-doping agency for the U.S. Olympic, 
     Paralympic and Pan American movement, USADA represents 
     literally millions of participants including athletes, 
     coaches and sports organizers who want to ensure sport in 
     this country continues to be a teacher of life lessons for 
     participants at all ages, is safe and drug free and that 
     clean athletes can compete and win without having to resort 
     to using dangerous performance enhancing drugs.
       As we have seen over the last few years the current law 
     regulating dietary supplements has been exploited by rogue 
     manufacturers who have produced and sold products 
     masquerading as otherwise safe and legitimate dietary 
     supplements that are not but are in fact illegal products 
     containing steroids and other prohibited performance 
     enhancing drugs. This legislation is important to USADA and 
     our mission in order to close this loophole and ensure these 
     fly-by-night operations cannot easily and without risk 
     continue to produce these products.
       We greatly appreciate your efforts in drafting and 
     introducing the Designer Anabolic Steroid Control Act of 2012 
     and look forward to assisting you in any way possible to 
     achieve its passage into law at the earliest opportunity.
           Sincerely,
                                                 Travis T. Tygart,
                                          Chief Executive Officer.

  Mr. HATCH. Mr. President, I am pleased to cosponsor the Designer 
Anabolic Steroid Control Act of 2012, DASCA, introduced by Senator 
Whitehouse. The use of anabolic steroids or dietary supplements that 
contain designer steroids may trigger numerous adverse health effects, 
and thus Congress has passed legislation over the years to address 
these chemicals.
  The Drug Enforcement Agency, DEA, continues to investigate and 
uncover dietary supplement products that contain either controlled 
anabolic steroids or designer steroids that are structurally similar to 
testosterone. In the tin that it takes the DEA to administratively 
schedule an anabolic steroid used in a dietary supplement product, 
several new products can enter the market to take its place. Certain 
individuals have taken advantage of this

[[Page S5385]]

lengthy DEA administrative process by continuing to create and market 
new derivative products by substituting and altering the testosterone 
molecule and then marketing them as ``dietary supplements.'' Very 
often, these new formulations have not been adequately tested.
  I worked in the previous Congress on legislation to address this 
issue and continued that work with Senator Whitehouse to develop a bill 
that would amend the Controlled Substances Act to expand the list of 
substances defined as anabolic steroids, and authorize the Attorney 
General to issue a temporary order adding a drug or substance to the 
list of anabolic steroids. The bill would also create new criminal and 
civil penalties for importing, manufacturing, or selling any product 
containing an anabolic steroid unless it bears a label clearly 
identifying the chemicals contained in the product.
  This bill is supported by American Herbal Products Association, AHPA, 
Natural Products Association, NPA, Council for Responsible Nutrition, 
CRN, United Natural Products Alliance, UNPA, Consumer Healthcare 
Products Association, CHPA, Alliance for Natural Health, ANH, and the 
U.S. Anti-Doping Agency, USADA.
                                 ______`